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Reasons
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(영문) 광주지방법원 2015.08.13 2014가합59349
사해행위취소
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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 187,95,560 as well as KRW 186,752,280 as to the Plaintiff and KRW 186,752,280 as to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s status as the parties is a corporation with the aim of facilitating the financing of the company by guaranteeing the company’s debts with weak collateral but with good credit standing, and the Defendant B entered into a credit guarantee agreement with the Defendant Company A (hereinafter “Defendant Company”). Defendant B jointly and severally guaranteed the said credit guarantee agreement. Defendant C was created a collateral security right as to one-half shares of the real estate listed in the separate sheet owned by Defendant B (hereinafter “instant real estate shares”).

B. 1) The Plaintiff entered into a credit guarantee agreement and a joint and several sureties agreement with the Defendant Company as indicated in Table 1 below (hereinafter referred to as “credit guarantee agreement of this case” and “credit guarantee agreement of this case 2” as the credit guarantee agreement of this case, and the “each of the credit guarantee agreements of this case” in addition to the credit guarantee agreements of this case Nos. 1 and 2.

(1) On February 17, 2009, the Defendant Company’s director at the time of the Credit Guarantee Agreement (final 85,000,000 won) No. 95,000,000 won (final 85,000,000 won) on February 16, 2010 (final 85,000,000 won) of the Bank of Mineju Co., Ltd., (final 14, 201, E 20,000,000 won (final 180,000,000 won) on March 2, 2012, 2012 (final 180,000 won) the guarantee date of the contract execution date, and at the time of the credit guarantee agreement, the Defendant Company’s director at the time of the instant credit guarantee agreement was jointly and severally guaranteed by each of the Defendant Company’s respective debt guarantee agreements to the Plaintiff.

3. The content of each credit guarantee agreement of this case is 1. The defendant company's performance of the guaranteed obligation to the plaintiff when the plaintiff fulfills the guaranteed obligation;

2. The amount of damages calculated by multiplying the amount of discharge of the surety obligation by the rate determined by the Plaintiff from the date of discharge of the surety obligation to the date of

3. Expenses for discharge of a surety obligation, 4.

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